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(영문) 부산지방법원 2018.02.22 2017노4881
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (six months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The normal conditions favorable to the defendant are recognized, such as the confession of the crime of this case by the defendant, against the mistake, etc.

However, the crime of this case is deemed to have driven a car while under the influence of alcohol without a driver's license; in light of the circumstances and contents of the crime, the responsibility of the defendant was heavy; the defendant committed the crime of this case during the period of repeated crimes several times; the defendant committed the crime of this case during the period of repeated crimes; the Korean Criminal Litigation Act, which takes the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing; there is no change in the conditions of sentencing compared with the first instance judgment; and the first deliberation sentencing does not go beyond the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances favorable to the defendant are not equivalent to the change of circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below, and considering all other circumstances, such as the defendant's age, sex, environment, etc., the sentence against the defendant is too unfair.

Therefore, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition. However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the defendant's appeal is to add "1. Aggravation of repeated crimes: Aggravation of repeated crimes: Aggravation of 1. Aggravation of repeated crimes: Article 35 of the Criminal Act (the court below erred by omitting aggravation of repeated crimes as to crimes in the judgment of the defendant, but the punishment sentenced by the court below is to be subject to aggravation of repeated crimes.

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